Start off by contacting a NTEU steward to get your questions answered. There are three processes available to employees at the NRC using the Harassment Program, the Equal Employment Opportunity EEO Discrimination Complaint process or the all-encompassing Union Grievance process (CBA, Article 46) guided by a NTEU trained Steward. The first step is to understand the processes which can be summarized by the
, the EEO Discrimination flow chart
and the extremely complicated Harassment claim flow chart - NRC Internal Only.
Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA). Harassment is unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history). Harassment becomes unlawful where
enduring the offensive conduct becomes a condition of continued employment, or
the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people. An employee may find resolution of their harassment claim may take excessively long, extending beyond the deadline to file a grievance or formal EEO complaint where the agency may then claim the alleged harassment was not severe enough and takes no action.
You might wonder why the agency discourages use of the grievance process and steers staff to the harassment program or to an EEO counselor where ultimately the employee might hire an expensive attorney to have any chance of success at a hearing. The agency is not even adhering to a provision of the Collective Bargaining Agreement by not informing staff of the free, paid for by Union dues NTEU grievance process.
CBA, Article 5.2.1: Agency communications concerning the EEO program, including web pages, brochures, counselor training and employee information sessions, will state that employees may pursue EEO matters through the negotiated grievance procedure or other alternative processes, and provide a link to the EEOC regulation addressing those processes. (29 CFR 1614, Subpart C).
Review the agency’s complaint webpages linked above, where you will not see any reference to the Union Grievance process in violation of the contract provision above.
Whether or not you are a dues paying Union member, contact the Union office to seek advice in the event you suspect you have been treated unfairly…. Contact the Union at NTEUchapter208@nrc.gov or call 301-415-3600.